Stephen J. Schulhofer | May 4, 2022 | Sexual Assault
Below is the Reporter’s Memorandum from Tentative Draft No. 6 of Model Penal Code: Sexual Assault and Related Offenses. Model Penal Code: Sexual Assault and Related Offenses Tentative Draft No. 6 Stephen J. Schulhofer, Reporter April 15, 2022 REPORTER’S...
Alessandro Corda and Stephen J. Schulhofer | December 9, 2020 | Sexual Assault
This article was originally published by the Collateral Consequences Resource Center on Nov. 24, 2020. Below is the Introduction written by Alessandro Corda, followed by excerpt of the material from Stephen Schulhofer. Footnotes have been omitted.We are pleased to...
Jennifer Morinigo, Stephen J. Schulhofer and Erin E. Murphy | February 20, 2020 | Sexual Assault
The current ALI project Model Penal Code: Sexual Assault and Related Offenses is a re-examination of Article 213 of the Model Penal Code. This post presents Section 213.12 (A-J) of the most recent project draft (Council Draft No. 10, printed on December 13,...
Stephen J. Schulhofer | October 24, 2017 | Sexual Assault
This piece first appeared in Law & Inequality: A Journal of Theory and Practice. Introduction In this Article, I undertake two distinct tasks. First, I want to discuss what the laws against sexual assault ideally should look like. But second, I also want to...
Erin E. Murphy and Stephen J. Schulhofer | May 4, 2017 | Sexual Assault
The present Draft places Forcible Rape (Section 213.1) at two levels for grading purposes. The base offense is graded as a felony of the second degree, with an enhancement to a first-degree felony upon proof of any one of three aggravating circumstances. Section...